All Civil Penalty Actions – 2007

To access the significant orders and federal district court papers related to all matters that have proceeded to Orders to Show Cause, see the Orders to Show Cause Proceedings page.

Subject(s) of Investigation and Order	Sanctions, including Civil Penalties, Disgorgement, and Compliance Measures	Description of Findings of Violations
In re BP Energy Company, 121 FERC ¶ 61,088 (Oct. 25, 2007)	$7,000,000 Civil Penalty; Compliance Monitoring.	The Commission approved a settlement resolving findings under the Commission’s Open Access Transportation requirements that prohibit buy/sell natural gas transactions; prohibit flipping of short term capacity releases between affiliated shippers; and require natural gas shippers have title to the gas.
In re MGTC, Inc., 121 FERC ¶ 61,087 (Oct. 25, 2007)	$300,000 Civil Penalty; Compliance Monitoring.	The Commission approved a settlement resolving findings under the Commission’s Open Access Transportation requirement that natural gas shippers must have title.
In re Gexa Energy, L.L.C., 120 FERC ¶ 61,175 (Aug. 21, 2007)	$500,000 Civil Penalty; $12,481.41 Disgorgement.	The Commission approved a settlement resolving findings under FPA section 203 and Part 35 of the Commission’s regulations for failure to timely obtain Market Based Rate authority; failure to follow the conditions of its MBR order; failure to file quarterly reports (EQRs) of its sales; and failure to seek Commission approval when it merged with another company.
In re Amaranth Advisors., et al., Docket No. IN07-26-000, Order to Show Cause and Notice of Proposed Penalties, 120 FERC ¶ 61,085 (Jul. 26, 2007)	Proposed $7,500,000 Civil Penalty	The Commission issued an Order to Show Cause and Notice of Proposed Penalties, asking the Amaranth Respondents to show the Commission why they should not be found to have committed violations of 18 C.F.R. § 1C.1 (Natural Gas Anti-Market Manipulation Rule) and should not be assessed a proposed civil penalty.
In re Cleco Power, LLC, 119 FERC ¶ 61,271 (June 12, 2007)	$2,000,000 Civil Penalty; Compliance Enhancements; Compliance Monitoring.	The Commission approved a settlement resolving findings that operating personnel shared non-public information with a marketing affiliate in violation of the codes of conduct underlying its Market Based Rate authority and a prior settlement with Enforcement.
In re Columbia Gulf Transmission Company, 119 FERC ¶ 61,174 (May 21, 2007)	$2,000,000 Civil Penalty; Withdrawal of Petition for Review of FERC order.	The Commission approved a settlement resolving finding that entity failed to comply with Commission order requiring it to permit third party to construct interconnection facilities.
In re Calpine Energy Services, L.P., 119 FERC ¶ 61,125 (May 9, 2007)	$4,500,000 Civil Penalty; Compliance Enhancements; Compliance Monitoring.	The Commission approved a settlement resolving findings under the Commission’s Open Access Transportation requirement that natural gas shippers must have title.
In re Bangor Gas Company, LLC, 118 FERC ¶ 61,186 (Mar. 7, 2007)	$1,000,000 Civil Penalty; Compliance Monitoring.	The Commission approved a settlement resolving findings under the Commission’s Open Access Transportation requirement that natural gas shippers must have title.
In re PacifiCorp, 118 FERC ¶ 61,026 (Jan. 18, 2007)	$10,000,000 Civil Penalty; $86,500,500 Refund (from merchant function to transmission function); Compliance Enhancements; Independent Compliance Audit; Compliance Monitoring.	The Commission approved a settlement resolving findings under the Standards of Conduct for Transmission Service Providers and the entity’s Open Access Transmission Tariff, including sharing of nonpublic transmission information and other preferential treatment for the merchant function and improper use by the merchant function of network transmission.
In re SCANA Corporation, 118 FERC ¶ 61,028 (Jan. 18, 2007)	$9,000,000 Civil Penalty; $1,800,000 Refund (to retail ratepayers and transmission function); Compliance Enhancements; Compliance Monitoring.	The Commission approved a settlement resolving findings under the entity’s Open Access Transmission Tariff for improper use of network transmission; improper designation of curtailment priorities; improper designation of network resources; and improper calculation of available transfer capability.
In re Entergy Services, Inc., 118 FERC ¶ 61,027 (Jan. 18, 2007)	$2,000,000 Civil Penalty; $1,000,000 Charitable Donation; Compliance Enhancements; Independent Compliance Audit; Compliance Monitoring.	The Commission approved a settlement resolving findings, under FPA section 301, Parts 37 and 125 of the Commission’s regulations, and under the entity’s Open Access Transmission Tariff and the Standards of Conduct for Transmission Providers, for data loss; mismanagement of transmission service requests; and violations of various informational posting requirements.
In re Northwestern Corporation, 118 FERC ¶ 61,029 (Jan. 18, 2007)	$1,000,000 Civil Penalty; Compliance Monitoring.	The Commission approved a settlement resolving findings under Commission Order No. 638 and the entity’s Open Access Transmission Tariff for failure to timely respond to transmission service requests.
In re NRG Energy, Inc., 118 FERC ¶ 61,025 (Jan. 18, 2007)	$500,000 Civil Penalty; Internal Audit; Compliance Monitoring.	The Commission approved a settlement resolving findings under the New England ISO’s tariff and Commission’s Market Behavior Rules for misrepresentation of availability of generation unit.

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